C.E. CARLSON, INC. and Charles E. Carlson, Petitioners, v. SECURITIES EXCHANGE COMMISSION, Respondent

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the SEC could have addressed the petitioners' \constitutional concerns\ and that the opportunity for administrative review had triggered the exhaustion requirement
• stating that recklessness includes conduct that “carries a danger of misleading [investors] such that [the defendant] knew or must have known of its propensity to mislead”
• to establish prima facie case of selective prosecution, defendant must show that (1) he was singled out for prosecution from among others similarly situated and (2) prosecution was motivated by unconstitutional consideration
• stating Rule 10b-5 proscribes conduct violative of Rule 10b-9
• listing elements of advice of counsel defense

Source: CourtListener parenthetical corpus (CC0).